NY Court Says Doctor Can Subpoena Yelp for User Info in Defamation Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By |2024-06-23T20:00:12-04:00June 25, 2024|Health Facilities Law Blog|
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Texas Hospital’s Vaccination Mandate For COVID-19 Upheld by Federal Court

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law

As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to a few exceptions, all employees must receive the COVID-19 vaccine as a condition of continued employment.

Not surprisingly, we see various legal challenges to mandatory COVID-19 vaccination policies across the country. On June 12, 2021, a federal court in Texas became the first to rule on the permissibility of such policies […]

By |2024-06-22T20:01:36-04:00June 24, 2024|Massage Law Blog|
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DOJ Withdraws Outdated Antitrust Policy Statements For Healthcare Industry; “Safety Zones” Abolished

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three “outdated” antitrust policy statements applicable to healthcare markets. These have been in effect and relied upon for decades by those in the healthcare industry. According to a statement it issued, the Division determined that withdrawing the three statements is the best course of action for promoting competition and transparency.

Over the past three decades since this guidance was first released, the healthcare landscape has changed significantly. As a result, the statements are overly […]

By |2024-06-21T20:00:19-04:00June 23, 2024|Health Facilities Law Blog|
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Humana Health Insurance Company To Pay $11.2 Million Settlement to Nurses

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law

On September 27, 2021, Humana agreed to pay $11.2 million to end claims that the health insurance company denied a group of nurses overtime pay by misclassifying them as exempt employees. A Wisconsin federal judge approved the deal with Humana, and a group of more than 200 nurses reached, securing a $36,000 average payment for each nurse involved in the suit.

A Violation of the Fair Labor Standards Act (FLSA).

This dispute stems from a class-action lawsuit filed in 2017 alleging that Humana misclassified its clinical nurse advisers as exempt employees and denied them overtime compensation, violating […]

By |2024-06-21T20:00:18-04:00June 23, 2024|Medical Education Law Blog|
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Medicare Decreases Physician Rates but Mental Health Counselors Now Allowed to Bill Medicare

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm

On November 2, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a final rule that decreased overall payment rates for services provided under the Physician Fee Schedule (PFS). However, the final rule increased payment rates for outpatient services and expanded telehealth services. The rule went into effect on January 1, 2024.

Physician Fee Schedule Rate Reductions.

The overall payment rates under the 2024 PFS will be reduced by 1.25 percent in 2024. The conversion factor is $32.74, which is a $1.15 decrease from 2023. This is bad news for physicians who continue to suffer reduced […]

By |2024-06-14T15:08:23-04:00June 14, 2024|Mental Health Law Blog|
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The Importance of Retaining Mental Health Records

By Amanda I. Forbes, J.D.
One of the key professional obligations of any psychotherapist involves providing reasonable access to client/patient records and securely maintaining client/patient records, even after the termination of the psychotherapist-client relationship. Proper documentation of client treatment records is crucial for defending against malpractice lawsuits, licensing board complaints, ethics complaints and Medicare or health insurance audits.
Section B.6.h. of the American Counseling Association (“ACA”) Code of Ethics states:
Storage and Disposal After Termination
Counselors store records following termination of services to ensure reasonable future access, maintain records in accordance with federal and state laws and statutes such as licensure laws and policies governing records, and dispose of client records and other sensitive materials in a manner […]
By |2024-06-14T14:55:54-04:00June 14, 2024|Mental Health Law Blog|
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List of Phony Florida Nursing Schools in FBI’s Operation Nightingale Investigation Now Over 21 Schools

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Our firm has been involved in defending nurses and nursing students who have been caught up as victims in the Federal Bureau of Investigations (FBI) Operation Nightingale case.  Thousands of nurses were preyed on and victimized by the owners and operators of businesses around the country who were, apparently, associated with and fed students and money to, the ones operating in Florida.

Two More Schools Added.

In a Miami Herald article published about the federal trial of Gail Russ and two other indicted employees of the Palm Beach School of Nursing, the following two additional “private education companies” were named as being operated by as phony […]

By |2024-07-29T16:52:53-04:00June 10, 2024|Nursing Law Blog|
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Health Professionals Should Stay Off of TikTok, Face Book and Other Social Media Says Health Lawyer

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm

My firm has recently seen a significant increase in the number of investigations opened by state licensing boards over videos and even still photographs posted on social media or shared in chat rooms and listservs.

Unless you have a full-time public relations specialist who is also familiar with the rules, regulations, and laws governing your profession (and I am pretty sure you don’t), my advice is to stay off it.


Recent Cases Resulting In Investigations.

Here are a few of our […]

By |2024-06-10T16:01:42-04:00June 10, 2024|The Health Law Firm Blog|
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Florida Men Sentenced to Prison for Their Roles in TRICARE Prescription Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 17, 2023, three Florida men were sentenced to prison for their roles in a prescription drug scheme in which they paid and received bribes and kickbacks. They were each charged in an indictment filed in the U.S. District Court for the Middle District of Florida, with one count of conspiracy to defraud the United States and to pay or receive health care kickbacks.

The Florida Men Involved.

One of the men involved in the scheme, James Wesley Moss, was the CEO and part-owner of the pharmacy involved in the alleged fraud. David Byron Copeland was the […]

By |2024-06-10T15:48:44-04:00June 10, 2024|The Health Law Firm Blog|
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NY Court Rules Doctor Can Subpoena Yelp for User Info in Defamation Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By |2024-06-04T20:00:13-04:00June 6, 2024|Dental Law Blog|
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
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